What are my rights in a situation where a competing business places advertising materialson cars in my parking lot without previously having obtained my permission?

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What are my rights in a situation where a competing business places advertising materialson cars in my parking lot without previously having obtained my permission?

I own a local dance club. A competing business placed fliers on all the cars in my parking lot during my operating hours. The promo business is subcontracted company by another nightclub. They are both advertised in the flyer. I don’t believe the promotion business has a business license as well just being familiar with some of the people in charge of it. What can I do to prevent this from happening or discourage it from happening on my property in the future.

Asked on January 30, 2012 under Business Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the parking lot is private, you have a right to place no trespassing signs out there and possibly have someone out there helping with parking and discouraging or turning away those who wish to place such ads on people's vehicles. If the parking is semi private, you can certainly also place no soliciting or advertising signs up and video cameras and indicate the area is under surveillance. If the business does not have a business license, contact the police or at least local entities that handle investigations of non-compliant businesses. In the long run, you may simply need to be more proactive to at least get them to leave. However, if the area is public and the parking is on public property, there may not be much you can do except for no soliciting signs.


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